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Couple accepts plea agreements in child molestation/neglect case

The Lebanon Reporter - 5/16/2017

May 16--Accused child molester David McQuaid, 36, was set to stand trial Monday morning in Boone County Superior Court I. That was until a plea agreement was filed in the case on Friday.

Facing 33 counts -- ranging from child molesting, performing sexual conduct in the presence of a minor and neglect of a dependent -- the plea deal reduced the charges against McQuaid to five counts.

McQuaid preliminarily agreed to plead guilty to a level 1 felony of child molesting, and four counts of neglect of a dependent, all level 6 felonies. His sentencing hearing is scheduled for 1 p.m.May 24 in Boone County Superior Court I.

McQuaid's plea ensures justice for the four victims, according to Boone County Prosecutor Todd Meyer.

"This case was so complicated from the standpoint of the victims," Meyer said Monday afternoon. "They were very affected, and not having to put them through the trauma of a trial is a good thing.

"There was a lot at stake, and we would not have accepted the agreement unless he pleaded guilty to highest level felony. And he did. From sentencing standpoint, a lot of the counts would not have been able to be stacked. I believe justice is clearly done."

McQuaid's former wife, Christina M. Vargas, 36, also faced several charges in relation to the incidents. She faced one count of aiding, inducing or causing child molesting, a level 1 felony; and performing sexual conduct in the presence of a minor and four counts of neglect of a dependent, all level 6 felonies.

Court documents said the state would be able to prove McQuaid placed the victims in the case, children ages 8, 11, 13 and 16, in a situation that "endangered (their) health by being physically abusive." It went on to state McQuaid performed or submitted to sexual intercourse with the 13-year-old.

McQuaid signed the state's document attesting to those facts, along with others.

For agreeing to those charges, prosecutors recommended McQuaid receive a 40-year sentence, with 30 years executed and 10 years suspended. Particulars of the deal include McQuaid serving 20 years with the Department of Corrections, and after that he may petition the state for a modification of placement, possibly in community corrections.

"I feel very confident on the facts and circumstance that the Boone County judges would look upon such a request, barring unforeseen circumstances, with a heavy dose of doubt," Meyer said. "It was important that all victims see the responsibility for maltreatment."

As to the other four counts of neglect of a dependent, McQuaid was given two years to be served concurrently on each of those charges, giving him credit for a year already served.

McQuaid will be required to register as a sexually violent predator within 72 hours of leaving prison.

According to court records, Vargas divorced McQuaid while both were in the Boone County Jail in February 2017. Vargas changed her plea March 30, and her sentencing hearing is scheduled for May 30. Boone County prosecutors and Vargas have agreed preliminarily to guilty pleas on each of the neglect of a dependent charges and dropped the other two higher-level felonies. The plea agreement said Vargas will be sentenced to 11 years, with five years executed and six years suspended to probation.

Conditions of her agreement said she must testify against McQuaid and fulfill several other conditions, but because of McQuaid's plea agreement, Vargas' testimony will no longer be needed.

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(c)2017 The Lebanon Reporter (Lebanon, Ind.)

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